Barclays student loan from 2003

[HSBCandMe]

Hi. I have an old Barclays student loan from 2003. £1500 or so outstanding. I haven't paid anything to the bank for over 8 years. However, they still send statements like clockwork. 

 

Is this statute barred? 

 

Can they still register a Default when  they want to? 

[dx100uk]

Should be they are nothing special

[HSBCandMe]

On 16/08/2019 at 11:35, dx100uk said:

Should be they are nothing special

Can they register a default (nothing paid over 8 years) 

[AndyOrch]

Well if they did it would make it a debt with a statute of limitation of 14 years according to the recent case where a Judge decided a default notice is the start of limitations.

[HSBCandMe]

Presumably by that you mean there is no certainty, and you do not know if it is both statute barred and unable to default after 8 years of zero payment?  

Edited August 21, 2019 by HSBCandMe

[AndyOrch]

Its already statute barred in my book...the Statute of limitations is quite clear...its just that the Judge in this recent case with PRA is trying to move the goal posts for his DCA chums by stating the period of limitation begins when the creditor issues a default notice and the 14 days have elapsed...that is what he classes as the cause of action...not the fact that creditor have failed to serve a DN in over  8 years..decides to serve one now which in effect makes the statute barred limitation period since last payment 14 years.

 

The Limitations states that the period of six years starts with no payment or acknowledgment within 6 years from when the cause of action accrues ...accrues being the operative word...the Act does not state accrues starts from the issuance of the default notice, .....it as always been the cause of accrues from the last missed contractual payment...thats what determines the cause of action.

 

But the CCA1974 states that a creditor is not entitled to enforce an agreement until a valid default notice is served...so this Judge in his wisdom has tried to fuse the two acts together...which is obviously nonsense.. he has not allowed for creditors who serve the notice late or not at all.

[HSBCandMe]

Is the judgement going to appeal?

[HSBCandMe]

Also it was once part of an old CCCS dmp, never defaulted though - but should it have been if managed by the CCCS? 

[AndyOrch]

No appeal.....if it was being managed by a DMP it is not always marked down as defaulted on the CRAs...some DMPs have an agreement where they will starve off the actual registering 

[HSBCandMe]

So I'm in a situation  where its statute barred (possibly) and they can still issue a DN despite not having been paid for 8 years. That's messed up. 

[AndyOrch]

Yep ...but that judge does not seem to understand how creditors work and that they do not follow procedure as per the legislation laid out.The ICO lays out the requirements on credit reporting and when defaults should be registered within the given timeframe.

 

He would of course argue ah but you have the benefit of a clean credit files for eight years when in reality you shouldn't have had....but its not the creditors fault for not complying with the guidelines.

[HSBCandMe]

I've looked for the ICO guidance on when defaults should be filed without success.  Can you post up a link?  

[AndyOrch]

http://www.scoronline.co.uk/sites/default/files/High Level Prinicples Document Version 2 final.pdf